Intel Softwarelizenzvertrag

BEFORE USING THE ACRONIS® SOFTWARE CALLED “INTEL® DATA MIGRATION POWERED BY ACRONISTM” ("SOFTWARE"), YOU SHOULD CAREFULLY READ THE FOLLOWING LICENSE AGREEMENT ("AGREEMENT") THAT GOVERNS YOUR USE OF ANY SOFTWARE, INCLUDING ANY UPDATES THAT MAY BE PROVIDED TO YOU AND ANY ACCOMPANYING WRITTEN DOCUMENTATION, YOU FULLY ACCEPT AND AGREE TO ALL OF THE PROVISIONS OF THIS AGREEMENT. OTHERWISE USING THE SOFTWARE ESTABLISHES A BINDING AGREEMENT BETWEEN YOU AS THE PERSON USING THE SOFTWARE ("LICENSEE"); ACRONIS INTERNATIONAL GMBH LOCATED AT: VERWALTUNG EURO HAUS RHEINWEG 9, SCHAFFHAUSEN, CH-8200, SWITZERLAND, ("LICENSOR"); AND INTEL CORPORATION LOCATED AT 2200 MISSION COLLEGE BLVD, SANTA CLARA, CA 95054-1549 (“INTEL”). IF YOU DO NOT ACCEPT ALL OF THE TERMS OF THIS AGREEMENT, YOU SHALL HAVE NO RIGHT TO DOWNLOAD OR USE THE SOFTWARE.

TERMS AND CONDITIONS

The Software is intended and offered only for lawful use by individuals or organizations with the legal capacity and authority under applicable law to enter into a contract for such products. Acronis and Intel do not offer the Software to minors or where prohibited by law. By using the Software, you represent and warrant that you have the legal capacity and authority to enter into a binding agreement to adhere to this Agreement, and that you will use the Software only in accordance with these Terms and Conditions and with all applicable laws. If an individual is using the Software on behalf of an entity or organization, that individual warrants, represents, and covenants to Acronis and Intel that such individual is duly authorized to agree to these Terms and Conditions on behalf of the organization and to bind the organization to them. You will be solely responsible and liable for any activity that occurs under your user name. You agree that you will not access the Software through unauthorized means, such as unlicensed software clients.. You agree not to circumvent these limitations in any way, including but not limited to, changing file extensions or header information.

You are solely responsible for protecting the information on your computer such as by installing anti-virus software, updating your applications, password protecting your files, and not permitting third party access to your computer. You understand that the Software may clone files that are no longer usable due to corruption from viruses, software malfunctions or other causes. This might result in you restoring files that are no longer usable.

CUSTOMER EXPERIENCE PROGRAM

Acronis has instituted an Acronis Customer Experience Program (CEP), the details of which can be found at http://www.acronis.com/company/cep-policy.html, which also contains information regarding your ability to opt in/opt out of the CEP.

ACCEPTABLE USE AND CONDUCT

You are solely responsible for your conduct and your data related to the Software. The Software is made available to you only for your personal use, which use must be in compliance with all applicable laws, rules and regulations and must not infringe or violate third party rights. You may not make commercial use of the Software, including but not limited to selling or distributing the Software to any third party. Any unauthorized use of any Acronis computer system is a violation of this Agreement and certain federal and state laws. Such violations may subject the unauthorized user and his or her agents to civil and criminal penalties.

You may not use the Software for any unlawful purpose. Without limiting generality of the foregoing:

(a) The Software may not be used to store, backup, or distribute child pornography and may not be used in violation of U.S. export control laws or the export or import regulations of other countries. You agree to comply strictly with all such laws and regulations and acknowledge that you have the responsibility to obtain licenses to export, re-export, or import as may be required.

(b) You may not use the Software if you are a citizen, national, or resident of, or are under control of, the government of Cuba, Iran, Sudan, Libya, North Korea, Syria, or any other country to which the United States has prohibited export. Each time you use the Software you represent, warrant, and covenant that: (i) you are not a citizen, national, or resident of, nor under the control of, any such country to which the United States has prohibited export; (ii) you will not download or otherwise export or re-export the Software, directly or indirectly, to the above mentioned countries nor to citizens, nationals or residents of those countries; (iii) you are not listed on the U.S. Department of Treasury's Lists of Specially Designated Nationals, Specially Designated Terrorists, and Specially Designated Narcotic Traffickers, the U.S. Department of State's List of Statutorily Debarred Parties, or the U.S. Department of Commerce's Denied Persons List, Entity List, or Unverified List Table of Denial Orders; (iv) you will not download or otherwise export or re-export the Software, directly or indirectly, to persons on the above mentioned lists; (v) you will neither use nor allow the Software to be used for, any purposes prohibited by United States federal or state law, including, without limitation, for the development, design, manufacture or production of nuclear, chemical, or biological weapons of mass destruction; (vi) the Software will not be exported, directly, or indirectly, in violation of these laws, nor will the Software be used for any purpose prohibited by these laws including, without limitation, nuclear, chemical, or biological weapons proliferation; and (vii) you are not using or permitting others to use the Software to create, store, backup, distribute, or provide access to child pornography.

You agree to indemnify, defend, and hold harmless Acronis and Intel its officers, directors, employees and its suppliers from any and all loss, cost, liability, and expense arising from or related to your data, your use of the Software, or your violation of these terms. You agree to reimburse Acronis and Intel for any costs or fees related to its enforcement of this Agreement, including without limitation the expert fees and attorney fees regularly charged by the experts and legal counsel chosen by Acronis or Intel.

FAIR USE POLICY

The Software is designed to serve the needs of particular types of users, i.e. individual consumers or business accounts. Acronis may, in our sole discretion and from time to time, establish or amend general operating practices to maximize the operation and availability of the Software and to prevent abuses. As part of these practices, we reserve the right to monitor our system to identify excessive consumption of network resources and to take such technical and other remedies as we deem appropriate. We also reserve the right to terminate or suspend your license to use the Software, without prior notice, in the event of a violation of this policy.

CONSENT TO COLLECT NON-PERSONAL INFORMATION; USE OF DATA; ENCRYPTION

The Software may collect certain non-personally identifiable information that resides on your computer, including, without limitation, statistics relating to how often backups are started and completed, performance metrics relating to the Software, and configuration settings. This information collected will be sent to Acronis and may be used by Acronis without restriction.

CHANGES TO THE TERMS AND CONDITIONS

From time to time, Acronis may issue new releases, revisions, or enhancements to the Software available to you free of charge or for a fee. New releases, revisions or enhancements may be licensed, downloaded, and installed only to the extent that you hold a valid license to use the Software being updated or upgraded, and you may use them only in accordance with Acronis’ then-current Terms and Conditions of Use and any additional license terms that may accompany them.

Acronis and Intel reserve the right at any time to jointly modify this Agreement in their discretion, without liability to you. This Agreement, as amended, will be effective upon acceptance of registration for new users and effective for all existing users 15 days after the posting of any amended terms on the acronis.com and intel.com websites. You agree to be bound by this Agreement, as modified. If you do not agree to any changes to this Agreement, you must stop using the Software immediately, which shall be your sole and exclusive remedy.

USE OF SOFTWARE

1. Offline Software. Subject to the terms and conditions of this Agreement, upon the download from Intel’s site of the Software, “offline” Software (i.e. not hosted by Acronis), Acronis grants and you accept a non-exclusive, nontransferable, non-assignable license to use Software in accordance with its documentation, only for your own internal use solely on one (1) computing system. Installation of the Software is your responsibility.

2. General Terms Applicable to Software . The Software and its structure, organization, source code, and documentation contain valuable trade secrets of Acronis and its licensors, and accordingly you agree not to (and agree not to allow third parties to) (1) sublicense, lease, rent, loan, transfer, or distribute the Software or any derivative thereof to any third party, (2) modify, adapt, translate, or prepare derivative works from the Software, (3) decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Software, (4) decrypt data or extract portions of the Software's files for use in other applications, (5) remove, obscure, or alter Acronis' or any third party's trademarks or copyright or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Software, (6) use or permit the Software to be used to perform services for third parties, whether on a service bureau or time sharing basis or otherwise, without the express written authorization of Acronis, or (7) publicly disseminate performance information or analysis (including, without limitation, benchmarks) from any source relating to the Software. In addition, certain third party code may be provided with the Software. The third-party license terms accompanying such code, which may be found at http://kb.acronis.com/content/7696 and in the license.txt file located in the root installation directory, and not the terms of this Section, will govern your use of such code.

You may use a license for the Software, with only one computer at a time unless the Software you use are explicitly designed and marketed to operate on more than one computer at a time concurrently. The type of license you have (including such variables as whether the license permits use of Software on more than one computer, whether the licenses fees are based on the number of computers, volume of data, or both, and the length of the license periods, etc.) is set forth as part of the Software. Should your license for the Software you use be designed for only one computer at a time you may transfer your license to another computer in the event that you cease to use the computer on which the Software was originally installed.

You agree that if i) you mark a file to no longer be backed-up, ii) you delete a file from your computer, iii) move a file to a location on your computer that is not marked for back-up, iv) you delete a computer from your Software, , or v) you terminate or allow your trial or license to terminate, non-renew, or otherwise lapse for any reason, that the files you have marked, deleted, moved or stored on a deleted, inaccessible, or unlicensed computer may not be available to you should you wish to restore them.

INTELLECTUAL PROPERTY

You acknowledge that Acronis or third parties own all right, title and interest in and to the Software, portions thereof, or software or content provided through or in conjunction with the Software, including without limitation all intellectual property rights. Except for the license granted in this Section, all rights in and to the Software is reserved, and no implied licenses are granted by Acronis

SUPPORT

Acronis is under no obligation to provide technical support under the terms of this license, and provides no assurance that any specific errors or discrepancies in the Software will be corrected.

TERM AND TERMINATION

This Agreement is effective upon your download of and access to the Software and remains in effect until your account is terminated. You may terminate this Agreement at any time by destroying the Software and closing your account by following the instructions on the acronis.com website.

This Agreement automatically terminates if you fail to comply with its terms and conditions. You agree that, upon such termination, you will destroy and permanently erase all copies of the Software. The terms of the Sections entitled Consent to Collect Non-Personal Information, Intellectual Property, Disclaimer of Warranties, Limitation of Liability, and Miscellaneous will survive expiration or termination.

DISCLAIMER OF WARRANTIES

THE SOFTWARE IS PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. ACRONIS AND INTEL EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS AND ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SOFTWARE OR SERVICE AND SUCH THIRD PARTY SOFTWARE OR SERVICES. ACRONIS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. ACRONIS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE OR SERVICE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. ACRONIS AND INTEL DO NOT REPRESENT OR WARRANT THAT USERS WILL BE ABLE TO ACCESS OR USE THE SOFTWARE. NO ORAL OR WRITTEN STATEMENT, INFORMATION OR ADVICE GIVEN BY ACRONIS, OR ITS RESPECTIVE EMPLOYEES, DISTRIBUTORS, DEALERS, OR AGENTS SHALL CREATE ANY WARRANTIES.

YOU UNDERSTAND AND AGREE THAT YOUR DOWNLOAD AND/OR USE OF THE SOFTWARE, IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF THE SOFTWARE.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL ACRONIS, INTEL, OR ITS SUPPLIERS, RESELLERS, PARTNERS OR THEIR RESPECTIVE AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO THE SOFTWARE, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF ANY SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). WITHOUT LIMITING THE FOREGOING, THE TOTAL AGGREGATE LIABILITY OF ACRONIS, AND ITS SUPPLIERS, RESELLERS, PARTNERS AND THEIR RESPECTIVE AFFILIATES ARISING FROM OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT, IF ANY, PAID BY YOU TO ACRONIS FOR THE SOFTWARE OR SERVICE. IF THE SOFTWARE IS PROVIDED WITHOUT CHARGE, THEN ACRONIS AND ITS SUPPLIERS SHALL HAVE NO LIABILITY TO YOU WHATSOEVER.

THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SOFTWARE, FROM INABILITY TO USE THE SOFTWARE, TO CLONE OR ACCESS CLONED DATA, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SOFTWARE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR DIRECT DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

THE SOFTWARE IS NOT INTENDED FOR USE IN CONNECTION WITH ANY NUCLEAR, AVIATION, MASS TRANSIT, OR MEDICAL APPLICATION OR ANY OTHER INHERENTLY DANGEROUS APPLICATION THAT COULD RESULT IN DEATH, PERSONAL INJURY, CATASTROPHIC DAMAGE, OR MASS DESTRUCTION, AND LICENSEE AGREES THAT LICENSOR WILL HAVE NO LIABILITY OF ANY NATURE AS A RESULT OF ANY SUCH USE OF THE SOFTWARE.

GOVERNMENT END USERS

This Agreement applies to all Software acquired directly or indirectly by or on behalf of the United States Government. The Software are commercial products, provided on the open market at market prices, and was developed entirely at private expense and without the use of any U.S. Government funds. If the Software is supplied to the Department of Defense, the U.S. Government acquires only the license rights customarily provided to the public and specified in this Agreement. If the Software is supplied to any unit or agency of the U.S. Government other than the Department of Defense, the license to the U.S. Government is granted only with restricted rights. Use, duplication, or disclosure by the U.S. Government is subject to the restrictions set forth in subparagraph (c) of the Commercial Computer Software Restricted Rights clause of FAR 52.227-19.

MISCELLANEOUS PROVISIONS

You acknowledge and agree that the Software which is the subject of this Agreement may be controlled for export purposes. You agree to comply with all United States export laws and regulations, and you shall not allow any third-party to remove or export from the United States or allow the export or re-export of any part of the Software or any direct product thereof: (i) into (or to a national or resident of) any embargoed or terrorist-supporting country; (ii) to anyone on the U.S. Commerce Department’s Table of Denial Orders or U.S. Treasury Department’s list of Specially Designated Nationals; or (iii) to any country to which such export or re-export is restricted or prohibited, or as to which the United States government or any agency thereof requires an export license or other governmental approval at the time of export or re-export without first obtaining such license or approval. You warrant that you are not located in, under the control of, or a national or resident of any such prohibited country or on any such prohibited party list. The Software and are further restricted from being used for the design or development of nuclear, chemical, or biological weapons or missile technology, or for terrorist activity, without the prior permission of the United States government. You assume sole responsibility for any required export approval and/or licenses and all related costs and for the violation of any United States export law or regulation. This Agreement shall be governed by the laws of the Commonwealth of Massachusetts, exclusive of its conflicts of laws provisions and without regard to the United Nations Convention on Contracts for the International Sale of Goods, and any suit under this Agreement shall exclusively be brought in a federal or state court in Massachusetts. Any action against Acronis or Intel under this Agreement must be commenced within one year after such cause of action accrues.

The failure of Acronis or Intel to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision. If for any reason a court of competent jurisdiction finds any provision or portion of this Agreement to be unenforceable, the remainder of this Agreement will continue in full force and effect. This Agreement, which incorporates the Acronis Privacy Policy, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Acronis and Intel.

You may not assign or transfer any of your rights or obligations under this Agreement to a third party without the prior written consent of Acronis. Acronis may freely assign this Agreement. Any attempted assignment or transfer in violation of the foregoing will be void from the beginning.

CONTACTING ACRONIS

Users with questions about this Agreement or the Privacy Policy may contact Acronis at: www.acronis.com/support